2023 (3) TMI 1492

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....anufacturing telecommunication equipments and providing maintenance and other allied services of telecommunication equipments in India. 3. The pertinent facts for ad judication of the case are as under: * Date of filing return - 29.11.2017 * Date of order of the TPO - 22.01.2021 * Date of draft order by the AO - 03.03.2022 * Date of order of the DRP - 16.12. 2021 * Date of Assessment Order - 26.02. 2022 4. We have gone through the page no. 4 of the Assessment Order wherein the issue of order being "barred by limitation" has been rebutted by the AO. 5. The provisions of Section 144C reads as under: "Reference to dispute resolution panel. 144C. (1) The Assessing Officer s....

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.... section (2), issue such directions, as it thinks fit, for the guidance of the Assessing Officer to enable him to complete the assessment. (6) The Dispute Resolution Panel shall issue the directions referred to in subsection (5), after considering the following, namely:- (a) draft order; (b) objections filed by the assessee; (c) evidence furnished by the assessee; (d) report, if any, of the Assessing Officer, Valuation Officer or Transfer Pricing Officer or any other authority; (e) records relating to the draft order; ( f) evidence collected by, or caused to be collected by, it; and (g) result of any enquiry made by, or caused to be made by, it. (7) The Dispute....

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.... (12) No direction under sub- section (5) shall be issued after nine months from the end of the month in which the draft order is forwarded to the eligible assessee. (13) Upon receipt of the directions issued under sub-section (5 ), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in section 153 or section 153B, the assessment without providing any further opportunity of being heard to the assessee, with in one month from the end of the month in which such direction is received. (14) The Board may make rules for the purposes of the efficient functioning of the Dispute Resolution Panel and expeditious disposal of the objections filed under sub- s....